[HISTORY: Adopted by the Mayor and Council
of the Borough of Dumont by Ord.
No. 667 (Ch. 19 of the 1970 Revised Ordinances);
amended in its entirety at time of adoption of Code (see Ch. 1, General
Provisions, Art. III). Amendments noted where applicable.]

Any above-surface type of swimming, bathing or wading pool
and all equipment and appurtenances thereto, not designed or intended
to be stationary or permanently fixed, but designed and intended to
be removed and stored.

Any private pool, whether permanently constructed or of the
portable type, having a depth of more than 18 inches below the level
of the surrounding land or any above-surface pool having a depth of
more than 30 inches, designed, used and maintained for swimming or
bathing purposes by an individual for use of the members of the household
and guests and located on the applicant's land as an accessory use
to a residence, and shall include all buildings, equipment, structures
and appurtenances thereto.

Plot plans, and/or survey, prepared by a licensed
surveyor or engineer, in duplicate, showing property lines of the
premises upon which the swimming pool is to be constructed or installed,
all existing houses and structures thereon, abutting streets and properties
and the location and dimensions of the proposed pool and its auxiliary
structures, including topographic information and spot grades in the
affected yard, as well as 10 feet onto all adjacent properties, to
demonstrate that the proposed pool construction will not impact drainage,
and on which the licensed professional has located the proposed pool
and certified that said location is accurate; the certification shall
also set forth the area of the rear yard and the area of the pool
and its accessory structures as calculated by the licensed professional
and a description of the enclosure or fence to be used.

The pool, its apron and any structures accessory to
the pool shall be included in determining lot coverage. The water
surface area of a private swimming pool hereafter constructed or enlarged
shall not exceed 25% of the actual rear yard area, such rear yard
area being determined for this purpose by projecting the rear line
of the residence building to the side lines of the lot and determining
the area to the rear of that line. In all cases, the pool shall be
located behind the rear line of the existing structures adjacent thereto.

A fee of $150 for any aboveground pool, and $75 for
the first $1,000 or fraction thereof, plus $10 for each additional
$1,000 or fraction thereof, of the estimated cost of construction
for any in-ground pool.

All materials used in the construction of swimming
pools shall be waterproof and so designed and constructed as to facilitate
emptying and cleaning, and shall be maintained and operated in such
manner as to be clean and sanitary at all times. Inlets shall be so
located and spaced as to secure satisfactory dispersion of inflowing
waters throughout the pool, and to permit draining, cleaning and disinfecting
of the bottom and sides. Sand or earth bottoms shall not be used.

All swimming pools and wading pools of permanent or stationary type of construction, shall not be constructed, installed, located, maintained or operated within the setback as provided in Chapter 455 Zoning, and in no case within six feet of any property boundary line or of any dwelling located on said premises for an aboveground pool and within 10 feet of any property line for an in-ground pool, nor nearer to any street line than 25 feet.

Electrical fixtures, wiring and installation
thereof used in connection with a pool shall conform to the standards
of the National Electric Code and the National Fire Protection Association
for electrical wiring and apparatus.

All swimming pools, including the portable pools,
shall be so constructed, installed and maintained as to provide necessary
equipment for the chlorination and other disinfection and filtering
to comply with approved bacteriological standards as may be promulgated
by ordinance or regulations issued by the Board of Health of the Borough
and the New Jersey State Department of Health and Senior Services.

The physical, chemical and bacterial qualities of
the water of swimming pools and portable pools shall comply with the
regulations and standards provided in the ordinances or regulations
of the Borough's Board of Health.

There shall be no physical connection between
a potable (public or private) water supply system and a swimming pool,
portable pool or wading pool, at a point below the maximum flow of
the pool or to a recirculating or heating system of a pool, unless
such physical connection is so installed and operated that no pool
water can be discharged or siphoned into a potable water supply system.

All pools referred to in § 392-1 not equipped with facilities for the recirculation and reuse of the pool water, may be subject to closure by order of the Board of Health during any period of emergency water shortage.

Every swimming pool having a depth of 18 inches below
the level of the land surrounding the pool, and above-surface pools
of a height of 18 inches or greater, shall be completely surrounded
by a fence or wall of substantial construction, not less than six
feet in height, which shall be constructed so as not to have openings,
holes or gaps larger than two inches in dimension, except for doors
and gates. Such fence and any gate shall be so designed, constructed
and maintained as to prevent access to the pool by children at any
time except when the pool is in use under the supervision of the possessor
of the pool or by permission of the owner.

Said fence or wall enclosures shall be so designed
and constructed as to reasonably prevent any person from gaining access
beneath, through or over the same and shall be provided with one or
more substantial gates or doors of the same height as the fence or
wall enclosure, each gate or door to be equipped with a self-closing
and self-latching device capable of keeping said gate or door securely
closed.

Any ordinance requiring the obtaining of a permit
for the erection of a fence shall not apply to fences erected pursuant
to the provisions of this chapter except in such case where a fence
is erected along a property line.

Every pool shall be equipped with such filtration,
circulation, clarification and chlorination systems as may be required
under regulations of the Borough Board of Health to maintain the water
in a clean and healthful condition.

Whenever any pool set forth in § 392-1, by reason of mechanical defects or failure to comply with the requirements of this chapter, is a hazard to the health of users thereof, the health officer may summarily close such pool and keep such pool closed until no further hazard to users of the same exists, subject to the right of appeal to the Board of Health by the owner of such pool, which appeal shall not stay the action of the health officer.

The Borough Council may, upon the recommendation
of the Building Committee, by resolution, grant a variance of the
provisions of this chapter in specific cases, consistent with public
safety and the general provisions and intent of this chapter; provided,
however, that when any question of sanitation is involved, such variance
may be allowed only if the same is also recommended by resolution
of the Board of Health and it has been thereby determined and declared
that such variance will not be harmful to public health.

Any person who violates any provision of this
chapter shall, upon conviction thereof, be punished by a fine not
less than $500 nor more than $1,000, or by imprisonment for a term
not exceeding 90 days, or both.